UNIVERSITY OF THE DISTRICT OF - UDC Law Review

One scholar has noted that “[t]he school-to-prison pipeline is the product
of the policies of school districts, law enforcment agencies, and courts that
criminalize in-school behavior or otherwise push disadvantaged, underserved, and
at-risk children from mainstream educational environments into the juvenile
justice system, and all too often [into] the criminal justice system.” 18 In some
circumstances, a child’s acting out in school may indicate that the child has an
education-related disability and should be receiving special education services. 19
School personnel have an affirmative obligation to identify children whom they
suspect have education-related disabilities. 20 A parent has a parallel right to obtain
from the school system, without charge to the parent, evaluations of the child in
any area of suspected disability. 21
Changing what happens in our public schools is critical in that,
absent system reform, children and youths continue to be pushed
into the [juvenile delinquency and criminal] systems. Without
education reform, students caught up in the juvenile system are
much less likely to obtain the services and skills that prevent them
from being funneled into the pipeline again and into the adult
correctional system. 22
and related services designed to meet their unique needs and prepare them for further education,
employment, and independent living.” 20 U.S.C. § 1400 (d)(1)(A) and § 1401(9); see also, id. at §
1400(d)(1)(B)-(C) and (d)(2)-(4).
18 Ronald K. Lospennato, Multifaceted Strategies to Stop the School-to-Prison Pipeline,
42 CLEARINGHOUSE REV. 529; see also ANNIE E. CASEY FOUND., supra note 9 (“A
disproportionate share of public school students referred to the juvenile justice system under zerotolerance
policies are youth with educational disabilities, suggesting that schools are opting to
prosecute rather than educate students with special needs.”)
19 SUE BURELL & LOREN WARBOYS, UNITED STATES DEP’T OF JUSTICE OFFICE OF
JUVENILE AND DELINQUENCY PREVENTION, SPECIAL EDUCATION IN THE JUVENILE JUSTICE
SYSTEM (2000).
20 20 U.S.C. § 1412(a)(3)(A) (2006); see also 34 C.F.R. § 300.111(a)(1) (2006).
21 See generally 20 U.S.C. § 1414(a)-(c) (2006).; 34 C.F.R. §§ 300.300-.311 (2008).; see
also 20 U.S.C. § 1414(b)(3)(B) (2006); 34 C.F.R. § 300.304(c)(4) (2006).
22 Lospennato, supra note 18.
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